South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, MARCH 27, 1996

Wednesday, March 27, 1996(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Everlasting Father, Whose presence is always available to all who will claim it, be within us to refresh us, above us to bless us, around us to protect us, before us to lead us, beneath us to hold us up. Teach us to lean heavily upon Your strong right arm knowing that even good leaders must themselves be led, that wise rulers must have a wise ruler, the wielders of authority must themselves live under a higher power. Be to us that Leader, that Ruler and that higher Power. Keep us cheerful when things go wrong, serene when things are irritating, and strong in faith until the day is done.

Be always our Light and our Salvation. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KINON moved that when the House adjourns, it adjourn in memory of Saleen Saleeby, former Mayor of Dillon, which was agreed to.

RECORD FOR VOTING

On March 26, 1996, I was ill and unable to attend session. If I had been present, I would have voted in favor of Margaret Gamble's Bill, H. 4761, dealing with annexation in Lexington County.

Rep. RICHARD M. QUINN, JR.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1929
Promulgated By Department of Insurance
To Repeal R69-13.4, Uniform Classification and Territorial Plan - Automobile
Received By Speaker March 25, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Period Expiration Date July 23, 1996 (subject to sine die revision)

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1907
Promulgated By Department of Labor, Licensing and Regulation
State Athletic Commission
Combative Sports
Received by Speaker February 1, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Period Expiration Date May 31, 1996
General Committee requested withdrawal March 26, 1996
Withdrawn and Resubmitted March 26, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 26, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 507:S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 26, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING AND A WRITTEN STATEMENT REGARDING THE DONATION AND ITS PROPOSED USE BE GIVEN TO THE PERSON CONSENTING; AND TO AMEND SECTION 44-43-960 RELATING TO CIRCUMSTANCES REQUIRING PERMISSION FROM THE MEDICAL EXAMINER OR CORONER FOR ORGAN OR TISSUE RECOVERY, SO AS TO CLARIFY THAT THIS PERMISSION IS IN ADDITION TO THE CONSENT OF THE DECEDENT OR NEXT-OF-KIN.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON TAKING OR POSSESSING STRIPED BASS LESS THAN TWENTY-ONE INCHES IN CERTAIN PLACES, SO AS TO DELETE CERTAIN LANGUAGE AND ADD PROVISIONS IMPOSING A CREEL LIMIT AND MAKING IT UNLAWFUL TO TAKE OR POSSESS SUCH FISH IN THE WACCAMAW, PEE DEE, BLACK, SAMPIT, COOPER, ASHLEY, EDISTO, ASHEPOO, COMBAHEE, COOSAWHATCHIE, NEW, AND SAVANNAH RIVERS.

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4527 -- Reps. McAbee, Kelley, McMahand, Cain, Cato, Neilson, Richardson, Govan, Stoddard, Keyserling, Herdklotz, Keegan, Waldrop, McCraw, Vaughn, Lanford, Boan, Phillips, Littlejohn, Thomas, Chamblee, Koon, Sandifer and McTeer: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 5, 1996.

H. 4527--ADOPTED

On motion of Rep. McABEE, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4527 -- Reps. McAbee, Kelley, McMahand, Cain, Cato, Neilson, Richardson, Govan, Stoddard, Keyserling, Herdklotz, Keegan, Waldrop, McCraw, Vaughn, Lanford, Boan, Phillips, Littlejohn, Thomas, Chamblee, Koon, Sandifer and McTeer: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 5, 1996.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 5, 1996.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4820 -- Reps. Tucker, P. Harris, Townsend, Stille, Chamblee and Cooper: A CONCURRENT RESOLUTION COMMENDING AND THANKING LILY-ROLAND HALL OF ANDERSON FOR HER OUTSTANDING AND EXEMPLARY SERVICE TO THE PEOPLE OF SOUTH CAROLINA AS A MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.

Be it resolved by the House of Representatives, the Senate concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 10, 1996, at 12:00 Noon to elect a successor to the Honorable Curtis G. Shaw, Judge of the Court of Appeals, whose unexpired term expires June 30, 1999.

Be it further resolved that all nominations must be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1291 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, APRIL 2, 1996, AS GERMAN-AMERICAN FRIENDSHIP DAY AND TO EXTEND OUR BEST WISHES AND HOPES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM GERMANY PARTICIPATING IN THE GERMAN-AMERICAN PARTNERSHIP PROGRAM AT AIKEN AND SOUTH AIKEN HIGH SCHOOLS.

Whereas, the students, teachers and school administrators from Aiken High School are preparing to embark on the fifth exchange of students with our friends from the Ehrenburg-Gymnasium of Forcheim, Germany as part of the German-American Friendship Program; and

Whereas, the students, teachers and school administrators from South Aiken High School are preparing to embark on an initial exchange of students with our friends from the Ehrenburg-Gymnasium of Forcheim, Germany as part of the German-American Friendship Program; and

Whereas, this program provides many positive learning experiences and presents opportunities for the participants from both countries to enjoy cultural exchanges which otherwise might not be available to them; and

Whereas, this program is a valued resource in teaching respect and tolerance for cultures which differ from ours and helps bond friendships which could not happen without this exchange; and

Whereas, this program will allow our neighbors from Germany to enjoy the many fine attractions our State has to offer and allow them to experience the kindness and hospitality for which the citizens of South Carolina are known worldwide; and

Whereas, the Aiken and South Aiken High School GAPP Program has been declared a model for other similar programs in our State to emulate; and

Whereas, the members of the General Assembly wish to thank the participants who make this exchange possible and hope for the continued success of this program for many years to come. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly declare Tuesday, April 2, 1996 as German-American Friendship Day.

Be it further resolved that a copy of this resolution be forwarded to The German-American Partnership Program at Aiken High School and at South Aiken High School.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1292 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF GREENWOOD HIGH SCHOOL ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1996.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND TAXATION TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION JOINT ENDEAVOR, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.

Rep. ROBINSON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. WHITE objected.

Referred to Committee on Ways and Means.

H. 4823 -- Rep. Haskins: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.

Referred to Committee on Judiciary.

H. 4824 -- Rep. Fulmer: A BILL TO AMEND SECTION 56-5-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING OF AN UNATTENDED MOTOR VEHICLE, SO AS TO PROVIDE FOR AN EXCEPTION FOR WHEELCHAIRS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES AND MEETING AND PASSING SCHOOL BUSES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION, AND FURTHER PROVIDE FOR WHEN A DRIVER OF A SCHOOL BUS NEED NOT STOP; TO AMEND SECTION 56-5-4700, RELATING TO REQUIRED EQUIPMENT FOR EMERGENCY VEHICLES AND SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS REQUIRED EQUIPMENT AND ITS USE; TO AMEND SECTION 59-67-10, RELATING TO THE DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 59-67-20, AS AMENDED, RELATING TO REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING DESIGN AND OPERATION OF SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-30, RELATING TO PAINTINGS AND MARKINGS OF SCHOOL BUSES, SO AS TO REQUIRE THESE MARKINGS TO CONFORM TO SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-50, RELATING TO REMOVAL OF IDENTIFICATION MARKS FROM FORMER SCHOOL BUSES, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-60, RELATING TO REQUIRED REPAINTING OF FORMER SCHOOL BUSES IN A COLOR DIFFERENT THAN YELLOW, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-80, RELATING TO WIPERS, BRAKES, LIGHTS, AND OTHER EQUIPMENT ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS EQUIPMENT; TO AMEND SECTION 59-67-100, RELATING TO SEATING SPACE ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THESE SPACE REQUIREMENTS; TO AMEND SECTION 59-67-110, RELATING TO EXITS ON SCHOOL BUSES, SO AS TO PROVIDE THAT EMERGENCY EXITS MUST BE IN COMPLIANCE WITH SPECIFIED NATIONAL STANDARDS; TO AMEND SECTION 59-67-150, RELATING TO QUALIFICATIONS OF SCHOOL BUS DRIVERS AND PROHIBITED ACTS ON BUSES, SO AS TO FURTHER PROVIDE FOR THESE QUALIFICATIONS AND TO SPECIFY THE PERSONS TO WHOM THIS PROHIBITION APPLIES AND WHERE IT APPLIES; TO AMEND SECTION 59-67-190, RELATING TO THE PROHIBITION AGAINST A SCHOOL BUS DRIVER LEAVING THE BUS WHILE THE ENGINE IS RUNNING, SO AS TO PROVIDE AN EXCEPTION FOR ASSISTING PERSONS WITH DISABILITIES OR IN EMERGENCIES; TO AMEND SECTION 59-67-200, RELATING TO THE REQUIREMENT OF A COMPLETE STOP TO DISCHARGE PASSENGERS, SO AS TO STIPULATE THE REQUIREMENTS FOR A COMPLETE STOP AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 59-67-210, RELATING TO THE PROHIBITION AGAINST ONE SCHOOL BUS PASSING ANOTHER, SO AS TO PERMIT SUCH PASSING ON MULTIPLE-LANE ROADS, TO AMEND SECTION 59-67-220, RELATING TO THE PROHIBITION AGAINST FILLING THE GASOLINE TANK OF A SCHOOL BUS WHILE THE ENGINE IS RUNNING, SO AS TO CHANGE THE REFERENCE FROM GASOLINE TO FUEL; TO AMEND SECTION 59-67-230, RELATING TO THE REQUIREMENT THAT A SCHOOL BUS STOP BEFORE CROSSING RAILROAD TRACKS, SO AS TO STIPULATE CERTAIN SITUATIONS WHEN THE SECTION DOES NOT APPLY; TO AMEND SECTION 59-67-240, RELATING TO DISCIPLINARY DUTIES OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THE ADOPTION OF DISCIPLINARY PROCEDURES; TO AMEND SECTION 59-67-245, RELATING TO INTERFERENCE WITH THE OPERATION OF SCHOOL BUSES, SO AS TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF SCHOOL BUSES, SO AS TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION AS WELL AS THE HIGHWAY PATROL TO INSPECT BUSES; TO AMEND SECTION 59-67-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN SCHOOL BUS PROVISIONS, SO AS TO INCREASE SUCH PENALTIES; TO AMEND SECTION 59-67-290, RELATING TO NEGLIGENCE OF SCHOOL BUS DRIVERS NOT BEING IMPUTABLE TO PASSENGERS, SO AS TO REQUIRE SUCH DRIVERS TO COMPLY WITH ALL DEPARTMENT OF EDUCATION REGULATIONS; TO AMEND SECTION 59-67-410, RELATING TO CONTROL BY THE STATE BOARD OF EDUCATION OF SCHOOL BUS TRANSPORTATION, SO AS TO DELEGATE TO THE DEPARTMENT OF EDUCATION THE POLICY AUTHORITY OVER SCHOOL BUS TRANSPORTATION; TO AMEND SECTION 59-67-420, AS AMENDED, RELATING TO THE EXTENT OF SCHOOL TRANSPORTATION PROVIDED, SO AS TO REVISE THESE TRANSPORTATION OBLIGATIONS THE STATE ASSUMES AND TO REVISE OTHER PROVISIONS RELATING TO TRANSPORTATION OF CHILDREN INCLUDING MAXIMUM TIME LIMITS ON SCHOOL BUS RIDES; TO AMEND SECTION 59-67-425, RELATING TO TRANSPORTATION OF CHILDREN ATTENDING KINDERGARTEN, SO AS TO FURTHER PROVIDE FOR THE CHILDREN WHO MAY BE TRANSPORTED AND CONDITIONS TO WHICH AND UNDER WHICH THIS SECTION APPLIES; TO AMEND SECTION 59-67-460, RELATING TO CONTRACTS FOR TRANSPORTATION SERVICES WITH PRIVATE PERSONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CONTRACTS MAY BE ISSUED AND THE COSTS OF SUCH TRANSPORTATION; TO AMEND SECTION 59-67-470, RELATING TO THE SELECTION, ELIGIBILITY, AND TRAINING OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THIS SELECTION, ELIGIBILITY, AND TRAINING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 59-67-480, RELATING TO SALARIES OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A SALARY SCHEDULE FOR SCHOOL BUS DRIVERS; TO AMEND SECTION 59-67-490, RELATING TO SCHOOL BUS ROUTES OF STATE-OWNED BUSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL APPROVE THE ROUTES; TO AMEND SECTION 59-67-500, RELATING TO SCHOOL BUS ROUTES OF LOCALLY-OWNED BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF TRANSPORTATION EQUIPMENT FOR SPECIAL EVENTS, SO AS TO CLARIFY AND REVISE CERTAIN TERMS AND REFERENCES; TO AMEND SECTION 59-67-520, RELATING TO TRANSPORTATION OF HANDICAPPED STUDENTS, SO AS TO CHANGE REFERENCES FROM HANDICAPPED PERSONS TO PERSONS WITH DISABILITIES; TO AMEND SECTION 59-67-535, RELATING TO USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT BLIND, ELDERLY, OR DISABLED PERSONS, SO AS TO CLARIFY REFERENCES THEREIN AND THE MANNER IN WHICH SUCH BOATS MAY BE USED FOR THESE PURPOSES; TO AMEND SECTION 59-67-540, AS AMENDED, RELATING TO MAINTENANCE OF STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR THIS MAINTENANCE TO BE THE RESPONSIBILITY OF THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-550, RELATING TO INSTALLMENT PURCHASES OF SCHOOL BUS MAINTENANCE SHOPS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THE SECTION FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-570, AS AMENDED, RELATING TO STATE BOARD OF EDUCATION REGULATIONS PERTAINING TO SCHOOL TRANSPORTATION, SO AS TO DELETE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 59-67-720, RELATING TO INSURANCE PREMIUMS ON STATE-OWNED SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; AND TO REPEAL SECTIONS 59-67-70, 59-67-90, 59-67-120, 59-67-250, 59-67-260, 59-67-440, 59-67-450, AND 59-67-530 RELATING TO SCHOOL BUSES AND TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.

Referred to Committee on Ways and Means.

H. 4826 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 24, IMPOSING A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 OF THE 1976 CODE, RELATING TO THE DOCUMENTARY STAMP TAX.

Referred to Committee on Judiciary.

H. 4827 -- Reps. Kennedy, Knotts and Herdklotz: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-145 SO AS TO PROVIDE FOR THE CREATION OF GRIEVANCE COMMISSION PANELS TO INVESTIGATE AND HEAR COMPLAINTS AGAINST LAW ENFORCEMENT OFFICERS, TO DETERMINE THE NECESSARY ACTION TO BE TAKEN AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE THAT CERTAIN PROCEEDINGS ARE CONFIDENTIAL AND CIVIL PENALTIES FOR A BREACH OF THE CONFIDENTIALITY PROVISION, AND TO PROVIDE A PROCESS TO APPEAL A DECISION.

Referred to Committee on Judiciary.

H. 4828 -- Rep. Harrison: A BILL TO AMEND SECTION 40-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO PROVIDE THAT THE BOARD MUST USE A NATIONAL, RATHER THAN A STATE, PRACTICAL EXAMINATION FOR LICENSURE AND TO REQUIRE APPLICANTS TO TAKE A WRITTEN EXAMINATION ON SOUTH CAROLINA REGULATIONS AND OTHER SUBJECTS AS THE BOARD MAY REQUIRE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Rep. KOON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. J. BROWN objected.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.

Referred to Committee on Judiciary.

H. 4831 -- Reps. Jaskwhich, Anderson, Townsend and Marchbanks: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO EXAMINE ITS HIGHWAY PATROL DIVISION'S USE OF UNMARKED PATROL VEHICLES TO DETERMINE WHETHER THEIR CONTINUED USE IS NECESSARY AND TO REPORT ITS FINDINGS TO THE SENATE AND HOUSE JUDICIARY COMMITTEES.

Referred to Committee on Judiciary.

H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.

Referred to Committee on Ways and Means.

H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.

Referred to Committee on Ways and Means.

H. 4835 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Sandifer, Marchbanks, Rice, Haskins, Trotter and Harrell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, THAT A TAXPAYER MAY RECEIVE THE FOUR PERCENT ASSESSMENT ON ONE RESIDENCE FOR ANY TAX YEAR, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR.

Referred to Committee on Ways and Means.

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

Referred to Committee on Judiciary.

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

Referred to Committee on Judiciary.

S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

Referred to Committee on Labor, Commerce and Industry.

S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

Referred to Committee on Judiciary.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Referred to Committee on Education and Public Works.

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.

Referred to Committee on Judiciary.

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Referred to Committee on Judiciary.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Referred to Committee on Judiciary.

S. 1285 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX, SO AS TO PROHIBIT THE TRAPPING OF GRAY FOXES IN GAME ZONE NINE THROUGH THE USE OF NUMBER TWO OR SMALLER RUBBER PADDED FOOT-HOLD TRAPS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4832 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE JOEL A. SMITH III, OF COLUMBIA, PRESIDENT OF NATIONSBANK, N.A. (CAROLINAS), UPON BEING NAMED 1996 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Rep. WILDER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 14.

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Brake of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MASON, on behalf of the Aiken Delegation, presented to the House the South Aiken High School Girls Varsity Tennis Team, winners of the 1995 Class AAAA State Championship, their coaches and other school officials.

R. 259; S. 804--GOVERNOR'S VETO SUSTAINED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 6, 1996
Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 804, R. 259, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

This veto is based upon my belief that S. 804, R. 259 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 804, R. 259.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 5

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Bailey Cobb-Hunter Harrell
Hutson Young-Brickell

Total--5

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 4761--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, immediate cloture having been ordered.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.

Rep. ROGERS moved to adjourn debate upon the Bill until Wednesday, April 3 and demanded the yeas and nays, which were taken resulting as follows:

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 4808 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.

H. 4809--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 4809 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2027 SO AS TO REQUIRE THE BOARD OF DIRECTORS OF THE SPARTANBURG REGIONAL MEDICAL CENTER TO OBTAIN THE APPROVAL OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE CENTER'S SERVICE AREA BEFORE THE DIRECTORS MAY MERGE WITH, OR SELL OR LEASE ITS FACILITIES TO A FOR PROFIT CORPORATION.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

H. 4480--DEBATE ADJOURNED

The following Bill was taken up.

H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 50-11-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1760. (A) It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not moreless than one year orand by a fine of not exceedingless than five hundredthousand dollars.

(B) It is lawful for anya person to trap or kill anya coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410."/

Renumber sections to conform.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. TUCKER moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.

H. 4608--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.

H. 4608 -- Reps. Sharpe, Cobb-Hunter, Cave, Felder, Clyburn, Rhoad, Stuart, R. Smith, Spearman, McAbee and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

S. 614--DEBATE ADJOURNED

The following Bill was taken up.

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

Amend the bill, as and if amended, in subsection (A) of Section 50-17-370 of the 1976 Code, as contained in SECTION 1, by adding a new sentence at the end to read:

/Boundaries of any designated area may be modified from time to time by the Department of Natural Resources; provided, the notice provisions of subsection (D) shall only apply in the event the proposed modification increases the size of the designated area./

When amended subsection (A) shall read:

(A) The Department of Natural Resourcesmustmay designate and shall maintain areas where bona fide residents of this Statepersons holding or exempted from holding a marine recreational fishing stamp as required by Chapter 20 of this title may gather, for personal use, not more than two U.S.United States bushels of oysters or one-half bushel of clams, or both, in a day. The areas must be designated upon the approval of a majority of the county legislative delegation. The open areas must be located preferably at or near public landings. Boundaries of any designated area may be modified from time to time by the Department of Natural Resources; provided, the notice provisions of subsection (D) shall only apply in the event the proposed modification increases the size of the designated area.

Amend further, by adding a new subsection (D) to Section 50-17-370 of the 1976 Code, as contained in SECTION 1, to read:

/(D) After the effective date of this subsection (D), highland property owners whose property is within one thousand feet of a proposed public shellfish ground must be notified in writing of such proposal, and the area may not be so designated without the prior approval of the legislative delegation of the county wherein the proposed area is located./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WITHERSPOON explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WITHERSPOON continued speaking.

Rep. HALLMAN moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.

H. 4666--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

Rep. YOUNG-BRICKELL explained the Bill.

Rep. S. WHIPPER objected to the Bill.

The Bill was read the second time and ordered to third reading.

H. 4716--OBJECTIONS

The following Bill was taken up.

H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22329SD.96).

Amend the bill, as and if amended, by striking Section 59-63-360 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes. The Attorney General may represent the local school district when the case is appealed to an appellate court./

Renumber sections to conform.

Amend title to conform.

Rep. JASKWHICH explained the amendment.

Rep. SCOTT objected to the Bill.

Rep. JASKWHICH continued speaking.

Reps. CANTY and CAVE objected to the Bill.

Rep. JASKWHICH continued speaking.

Reps. S. WHIPPER, NEAL, HOWARD and LLOYD objected to the Bill.

H. 4586--OBJECTIONS

The following Bill was taken up.

H. 4586 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22562SD.96), which was adopted.

Amend the Joint Resolution, as and if amended, by adding a new subsection to be appropriately numbered to Section 16 of Article XVII of the Constitution of South Carolina, 1895, as contained in SECTION 1 to read:

/( ) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons./

Amend the joint resolution, as and if amended, page 1, by striking lines 29 and 30 and inserting:

/national origin as a criterion for either discriminating against or for any individual or group in the/

Amend further, page 2, by striking lines 28 and 29 and inserting:

/national origin as a criterion for either discriminating against or for any individual or group in the/

Amend title to conform.

Rep. L. WHIPPER explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. L. WHIPPER having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4836 -- Rep. Sharpe: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4837 -- Reps. Meacham, Herdklotz, Simrill, Rice, Trotter and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805 SO AS TO IMPOSE AN ADDITIONAL BIENNIAL LICENSING FEE OF FIVE HUNDRED DOLLARS ON VIDEO GAMES WITH A FREE PLAY FEATURE, TO CREDIT THE REVENUE TO A SEPARATE "VIDEO GAMING SOCIAL CONSEQUENCES FUND" ADMINISTERED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO PROVIDE FOR THE USE OF THE FUND REVENUES FOR ENFORCEMENT OF VIDEO GAMING LAWS AND REGULATIONS, AND FOR MAKING GRANTS TO PUBLIC AND PRIVATE NONPROFIT AGENCIES FOR PROGRAMS AMELIORATING THE SOCIAL CONSEQUENCES OF VIDEO GAMING.

H. 4839 -- Reps. Kelley, T. Brown, Keegan, Martin, Thomas, Witherspoon and Worley: A CONCURRENT RESOLUTION RECOGNIZING THE U.S.S. LOWNDES 1996 REUNION IN SOUTH CAROLINA IN MEMORY OF THE DISTINGUISHED SOUTH CAROLINIAN FOR WHOM THIS WORLD WAR II NAVY SHIP WAS NAMED.

Whereas, the U.S.S. Lowndes APA 154, a Navy Assault Personnel Attack Ship of World War II, is named for William Lowndes, a South Carolina statesman with outstanding achievements in the South Carolina General Assembly and the United States Congress during the early l9th Century; and

Whereas, crew members of the U.S.S. Lowndes will recognize this distinguished South Carolinian and his State by holding their 1996 Reunion at Myrtle Beach; and

Whereas, during his relatively short life from 1782-1822, William Lowndes compiled an incredible record of accomplishments as a member of the South Carolina House of Representatives and the United States House of Representatives; and

Whereas, in Congress he was a strong advocate of increasing the nation's military and naval strength and served as Chairman of the House Committee on Navy Affairs as well as Chairman of the Ways and Means Committee and in other key leadership positions; and

Whereas, he was nominated for President of the United States by the South Carolina Legislature (but declined to accept) and prominent statesman Henry Clay described Lowndes as the "wisest man I ever knew"; and

Whereas, the States of Alabama, Georgia, and Mississippi all recognized the outstanding achievements of this distinguished South Carolinian and named counties for him in each of their respective states; and

Whereas, the United States Navy made a decision to place the name of this great South Carolinian on one of its World War II ships; and

Whereas, after being launched in July 1944, the U.S.S. Lowndes engaged in World War II operations involving the transport of troops in the Pacific area and participation in the battles of Iwo Jima and Okinawa, including landing operations by the ship's beach battalion during the assault on Iwo Jima; and

Whereas, the U.S.S. Lowndes Reunion Group has chosen to recognize this great South Carolinian by coming to his home state for the Reunion at Myrtle Beach on October 17-20, 1996. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That William Lowndes be memorialized in recognition of his outstanding leadership and service to South Carolina and the United States, including his accomplishments that resulted in the decision to name the U.S.S. Lowndes APA 154 in his memory.

Be it further resolved that the U.S.S. Lowndes Reunion be extended a cordial welcome to South Carolina for the 1996 Reunion at Myrtle Beach and that our commendation and appreciation be extended to all members of the U.S.S. Lowndes for their exemplary service to our nation in World War II.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BAILEY a leave of absence.

H. 3812--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 2, Rep. L. WHIPPER having the floor.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 16. (A) Neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting.

(B) This section shall apply only to state action taken after the effective date of this section.

(C) Allowable remedies for violation of this section shall include reasonable attorney's fees.

(D) Nothing in this section shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of the state's system of public employment or public education, including the authorization for or establishment of single-gender institutions of higher learning by the General Assembly, when such institutions are consistent with the public policy of this State as stated by the General Assembly.

(E) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.

(F) Nothing in this section shall be interpreted as prohibiting state action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.

(G) Nothing in this section shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.

(H) If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution. Any provision held invalid shall be severable from the remaining portions of this section.

(I) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article XVII of the Constitution of this State be amended by adding Section 16 so as to prohibit the State of South Carolina or any of its political subdivisions from using race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting?

Yes _
No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2 by Rep. L. WHIPPER.

Rep. L. WHIPPER continued speaking.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

SPEAKER IN CHAIRS. 1101--DEBATE ADJOURNED

The following Bill was taken up.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3617DW.96).

Amend the bill, as and if amended, Section 7-5-10, SECTION 1, page 2, by striking beginning on line 3 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-5-35, SECTION 2, page 2, by striking beginning on line 17 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-35. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-13-70, SECTION 3, page 4, by striking beginning on line 7 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shallmust appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shallmust notify the State Election Commission in writing of the appointments. The State Election Commission shallmust verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shallmust take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

ItThe oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend title to conform.

Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.

H. 4779--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

Rep. SHARPE moved to adjourn debate upon the Joint Resolution until Thursday, March 28, which was adopted.

H. 3812--RECONSIDERED AND OBJECTIONS

Rep. LIMBAUGH moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. LIMBAUGH spoke in favor of the motion to reconsider.

Rep. J. BROWN moved to table the motion to reconsider.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. TRIPP moved to continue the Joint Resolution.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4840 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF SCOTT'S BRANCH HIGH SCHOOL ON WINNING THE 1996 CLASS A UPPER-STATE CHAMPIONSHIP IN GIRLS BASKETBALL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

H. 4570--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5718AC.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 44-96-170(O) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(O) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of tentwelve members appointed by the commissioner representing the following:

(1) the South Carolina Tire Dealers and Retreaders Association;

(2) the South Carolina Association of Counties;

(3) the South Carolina Association of Regional Councils;

(4) the South Carolina Department of Health and Environmental Control;

(5) tire manufacturers;

(6) the general public;

(7) a public interest and environmental organization;

(8) the South Carolina Department of Natural Resources;

(9) the Division of Energy, Agriculture and Natural Resources in the Office of the Governor; and

(10) the South Carolina Municipal Association;

(11) the Auto Recyclers and Dismantlers Association; and

(12) the recyclers.

Members of the committee shall serve for terms of three years and until their successors are appointed and qualify except that of those first appointed, three shall serve for terms of two years, and three shall serve for terms of one year, as designated by the commissioner.

Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council. Upon the cessation of the existence of the State Solid Waste Advisory Council, the Office of Solid Waste Reduction and Recycling shall receive recommendations from the committee."/

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4614--DEBATE ADJOURNED

The following Bill was taken up.

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22507AC.96).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This act may be cited as the "Child Protection Reform Act of 1996".

/SECTION 2. Section 20-7-110 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 20-7-110. In all child abuse and neglect proceedings:

(A)(1) Children shallmust be appointed legal counsel and a guardian ad litem by the family court. Counsel for the child shall in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding.

(B)(2) Parents, guardians, or other persons subject to any judicial proceeding shall beare entitled to legal counsel. Those persons unable to afford legal representation shallmust be appointed counsel by the family court.

(C)(3) The interests of the State and the local child protective services agencyDepartment of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."

SECTION 3. Subarticle 1, Article 7, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 494 of 1994, is further amended to read:

"Subarticle 1
General Provisions

Section 20-7-480. Recognizing that abused and neglected children in South Carolina need protection, it is the purpose of this article to save them from injury and harm by establishing an effective reporting system and encouraging the reporting of children in need of protection; by establishing an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate; by establishing fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members and by establishing an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them.

(A) Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice.Child Welfare Services must be based on these principles:

(1) Parents have the primary responsibility for and are the primary resource for their children.

(2) Children should have the opportunity to grow up in a family unit if at all possible.

(3) State and community agencies have a responsibility to implement prevention programs aimed at identifying high risk families and to provide supportive intervention to reduce occurrence of maltreatment.

(4) Services for families should be accessible and designed to encourage and enable families to adequately deal with their problems within their own family system.

(5) All child welfare intervention by the State has as its primary goal the welfare and safety of the child.

(6) Child welfare intervention into a family's life should be structured so as to avoid a child's entry into the protective service and foster care systems if at all possible.

(7) The state's child welfare system must be designed to be child-centered, family-focused, community-based, and culturally competent in its prevention and protection efforts.

(8) Neighborhoods and communities are the primary source of opportunities and supports for families and have a primary responsibility in assuring the safety and vitality of their members.

(9) The Department of Social Services shall collaborate with the community to identify, support, and treat families in a nonthreatening manner, in both investigative and family assessment situations.

(10) A family assessment approach, stressing the safety of the child, building on the strengths of the family, and identifying and treating the family's needs is the appropriate approach for cases not requiring law enforcement involvement or the removal of the child.

(11) Only a comparatively small percentage of current child abuse and neglect reports are criminal in nature or will result in the removal of the child or alleged perpetrator.

(12) Should removal of a child become necessary, the state's foster care system must be prepared to provide timely and appropriate placements for children with relatives or in licensed foster care settings and to establish a plan which reflects a commitment by the State to achieving permanency for the child within reasonable timelines.

(13) The Department of Social Services staff who investigate serious child abuse and neglect reports with law enforcement must be competent in law enforcement procedures, fact finding, evidence gathering, and effective social intervention and assessment.

(14) Services should be identified quickly and should build on the strengths and resources of families and communities.

(B) It is the purpose of this article to:

(1) acknowledge the different intervention needs of families;

(2) establish an effective system of services throughout the State to safeguard the well-being and development of endangered children and to preserve and stabilize family life, whenever appropriate;

(3) ensure permanency on a timely basis for children when removal from their homes is necessary;

(4) establish fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members; and

(5) establish an effective system of protection of children from injury and harm while living in public and private residential agencies and institutions meant to serve them.

Section 20-7-490. When used in this article and unless the specific context indicates otherwise:

(A)(1) 'Child' means a person under the age of seventeeneighteen.

(B)(2) 'Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C)(3) and (D)(4), by the acts or omissions of histhe child's parent, guardian, or other person responsible for his welfare.

(C) 'Harm' to a child's health or welfare can occur when the parent, guardian, or other person responsible for histhe child's welfare:

(1)(a) inflicts or allows to be inflicted upon the child physical or mental injury, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which meets each of the following guidelines:

(a)(i) The physical aggression must beis administered by a parent or person in loco parentis.;

(b)(ii)It must beis perpetrated for the sole purpose of restraining or correcting the child.;

(c)(iii)The force or violence of the discipline must beis reasonable in manner and moderate in degree.;

(d)(iv)The force and violence of the discipline must not havehas not brought about permanent or lasting damage to the child.

(e)(v)The behavior of the parent must not beis not reckless or grossly negligent behavior by the parents;.

(2)(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State.;

(3) fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused physical or mental injury or presents a significant threat of injury as defined by this section. Failure to provide health care is not abuse or neglect when the failure is pursuant to an exercise of judgment by the parent or guardian concerning the health care that would be in the child's best interest and the parent's decision is supported by a physician licensed in South Carolina or another state;For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.

(4)(d) abandons the child under circumstances which indicate no intention to return.;

(5)(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.

(E)(5) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child day care facility or aan adultperson who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a baby-sitter, or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 shallmust be initiated when the information contained in a report otherwise sufficient under this section does not establish whether the subjectperson has assumed the role or responsibility of a parent or guardian for the child.

(G)(7) 'Mental injury' means a substantial impairment of the intellectual, psychological or emotional capacity of a child as evidenced by inhumane, or unconscionable acts and conduct. Provided, nothing herein shall be construed as prohibiting a person responsible for a child's welfare from imposing reasonable restrictions deemed necessary by such person for the intellectual, psychological or emotional well-being of the child by any of the following means or methods:

(1) restrictions relating to attendance at amusements, concerts, social events or activities, or theaters;

(2) restrictions on amount of exposure to secular activities such as television, extracurricular school activities or community recreational activities;

(3) instructions, directions, or mandates relating to public or private elementary and secondary education or attendance at churches or other places of religious worshipan injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.

(H)(8) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.

(I)(9) 'Protective services unit' means the unit established within the Department of Social Services which shall havehas prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.

(J)(10) 'Subject of the report' means anya person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or findingreported under this chapter, including any child or parent, guardian or other person responsible for the child's welfare.

(K)(11) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.

(L)(12) 'Unfounded report' means a report made pursuant to this chapterarticle for which there is no probable causenot a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the local child protective service agencydepartment determines otherwise.

(M)(13) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.

(N)(14) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.

(15) 'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.

(O)(16) 'Local child protective service agencydepartment' means the agency or Department of Social Services in a county or contiguous counties having a prime responsibility for local efforts to strengthen and improve the prevention, identification and treatment of child abuse and neglect.

(P)(17) 'Child protective investigation' means anyan inquiry conducted by the local child protective service agencydepartment in response to a report of child abuse or neglect made pursuant to this article.

(Q)(18) 'Child protective services' means assistance provided by the local child protective services agencydepartment as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:

(1)(a)to protect the child's safety and welfare,; and

(2)(b)to maintain the child within the family unless the safety of the child requires placement outside the home.

(R)(19) 'Affirmative determination' means a finding that more likely than notby a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:

(1)(a) the court;

(2)(b) the Department of Social Services upon a final agency decision in its appeals process; or

(3)(c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding shallmust be the affirmative determination.

(S)(20) 'Court' means the family court.

(21) 'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.

(22) 'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:

(a) to consent to a marriage, enlistment in the armed forces, and medical and surgical treatment;

(b) to represent a child in legal actions and to make other decisions of substantial legal significance affecting a child; and

(c) the rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.

(23) 'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.

(24) 'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.

(25) 'Physical custody' means the lawful, actual possession and control of a child.

(26) 'Emergency physical custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.

(27) 'Emergency protective custody' means the right to exercise temporary physical and legal custody of a child to protect the child from imminent danger. Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."

SECTION 4. Subarticle 3, Article 7, Chapter 7, Title 20 of the 1976 Code, as last amended by Section 88I, Act 164 of 1993, is further amended to read:

"Subarticle 3
Identification

Section 20-7-500. AnyA person seeking assistance in meeting child care responsibilities may use the services and facilities established by this article, including the single statewide telephone number and local child protective services where available. SuchThese persons shallmust be referred to appropriate community resources or agencies, notwithstanding whether the problem presented involves child abuse or neglect as defined by this article.

Section 20-7-510. (A) AnyA physician, nurse, dentist, optometrist, medical examiner or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional,or Christian Science practitioner, religious healer, school teacher,or counselor, or other school official, social or public assistance worker, substance abuse treatment staff, or child care worker in any day care center or child caring institutionfoster care facility, police or law enforcement officer, undertaker, funeral home director, or employee of a funeral home,or persons responsible for processing of films or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report in accordance with this sectionshall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect.

(B) Except as provided in subsection (A) of this section, any other person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section.

(C) Reports of child abuse or neglect made pursuant to this section may be made orally by telephone or otherwise to the county department of social services, or in the alternative, to a law enforcement agency in the county where the child resides or is found.

(1) Where reports are made pursuant to this section to a law enforcement agency, itthe law enforcement agency shall notify the county department of social services of itsthe law enforcement's response to the report at the earliest possible time.

(2) Where a county or contiguous counties have established localmulticounty child protective services, pursuant to Section 20-7-650, the county department of social services shall immediately shall transfer reports pursuant to this section to the service.

Section 20-7-520. AnyA person required under subsection (A) of Section 20-7-510(A) to report cases of suspected child abuse or neglect, including workers of the local child protective service agencydepartment, who has reason to believe a child has died as the result of child abuse or neglect, shall report that factthis information to the appropriate medical examiner or coroner. Any other person who has reason to believe that a child has died as a result of child abuse or neglect may report that factthis information to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his findings to the appropriate law enforcement agency, circuit solicitor's office, the local child protective service agency or county department of social services and, if the institution making a report is a hospital, to the hospital.

Section 20-7-530. AnyA person required to report under Section 20-7-510 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other medical examinations or tests of the child without the consent of the child's parents or guardians. All photographs, negatives, and reports and copies of them shallmust be sent to the appropriate local child protective service agency or county department of social servicesdepartment at the time a report pursuant to Section 20-7-510 is made, or as soon thereafterafter the report is made as possible.

Section 20-7-540. AnyA person required or permitted to report pursuant to this article or who participates in judicial proceedings resulting therefromfrom the report, acting in good faith, shall beis immune from civil and criminal liability which might otherwise result by reason of suchthese actions. In all such civil or criminal proceedings good faith shall beis rebuttably presumed.

Section 20-7-545. An employee, volunteer, or official of the Department of Social Services required or authorized to perform child protective or child welfare-related functions is immune from civil or criminal liability which might otherwise result by reason of acts or omissions within the scope of the official duties of the employee, volunteer, or official, so long as the employee, volunteer, or official acted in good faith and was not reckless, wilful, wanton, or grossly negligent. In all such civil or criminal proceedings good faith is rebuttably presumed.

Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest and penitent, is abrogated and shalldoes not constitute grounds for failure to report or the exclusion of evidence in anya civil protective proceeding resulting from a report pursuant to this article.

Section 20-7-560. AnyA person required to report a case of child abuse or neglect, or anya person required to perform any other function under this article, who knowingly fails to do so, or anya person who threatens or attempts to intimidate a witness shall beisdeemed guilty of a misdemeanor and, upon conviction,shallmust be fined not more than five hundred dollars or be imprisoned for not more than six months, or both."

SECTION 5. Section 20-7-610 of the 1976 Code, as last amended by Act 333 of 1994, is further amended to read:

"Section 20-7-610. (A) A law enforcement officer may take emergency physical custody or emergency protective custody of a child into protective custody without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if:

(1) HeThe officer has probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the child's life, health, or physical safety would be in substantial and imminent danger if the child were not taken into emergency physical custody or emergency protective custody and there is not time to apply for a court order pursuant to Section 20-7-736.;

(2) Parents, guardians or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(3) There is not time to apply for a court order pursuant to Section 20-7-736.

(B)(2)TheWhere a child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision, the child may be taken into protective custody pursuant to this section if; and:

(1)(a) in the circumstances of arrest, the parent, parents, or guardian does not consent in writing within twenty-four hours to another person assuming physical custody of the child;

(2)(b) in the circumstances of a lost child, a search by law enforcement has not located the parent, parents, or guardian within twenty-four hours.

No placement with a parent, an immediate family member, a guardian or a relative is required under this subsection where the law enforcement officer believes in good faith that the placement would expose the child to harm as defined in Section 20-7-490(C) or if the individual cannot or will not take placement of the child within twenty-four hours.

Where a child is held awaiting placement for up to twenty-four hours under this subsection, the local Department of Social Services shall provide up to twenty-four hours of shelter for the child in a licensed foster home or shelter. While the child is under care for this twenty-four hour period in a designated foster home the local Department of Social Services may provide for the routine needs of the child. Upon expiration of the twenty-four hour period during which the child awaits placement and where there is no alternative placement determined by law enforcement to be available under this subsection, the law enforcement officer shall take protective custody of the child as a dependent child or as a suspected abused and neglected child and shall comply with all other provisions of this section. Law enforcement and the South Carolina Department of Social Services jointly shall develop uniform procedures to ensure the orderly implementation of the requirements of this subsection, and those procedures must be submitted to the joint legislative committee on children within sixty days of this subsection's effective date.

(C)(B)When an officer takes custody of a child under this section he shall transport the child to a place previously designated for this purpose by the Family Court of the appropriate judicial circuit. In no case shall the place designated be a facility for the detention of criminal or juvenile offenders.If the child is in need of emergency medical care at the time the child is taken into emergency physical custody or emergency protective custody, the officer shall transport the child to an appropriate health care facility. Emergency medical care may be provided to the child without consent, as provided in Section 20-7-290. The parent or guardian is responsible for the cost of any emergency medical care that is provided to the child. However, the parent or guardian is not responsible for the cost of medical examinations performed at the request of law enforcement or the department solely for the purpose of assessing whether the child has been abused or neglected unless it is determined that the child has been harmed as defined in this article.

If the child is not in need of emergency medical care, the officer or the department shall transport the child to a place agreed upon by the department and law enforcement, and the department within two hours shall assume physical control of the child and shall place the child in a licensed foster home or shelter within a reasonable period of time. In no case may the child be placed in a jail or other secure facility or a facility for the detention of criminal or juvenile offenders. While the child is in its custody, the department shall provide for the needs of the child and assure that a child of school age who is physically able to do so continues attending school.

(D)(C) When an officer takes custody of a child into emergency physical custody or emergency protective custody under this section hethe officershall immediately shall notify the appropriate local child protective service agency and Family Court of the circuitdepartment.andThe department shall make every reasonable effort to notify the parent, guardian, or other person exercising temporary or permanent control over the child as early as reasonably possible of the location of the child unless there are compelling reasons for believing that disclosure of this information would be contrary to the best interests of the childof the place of custody. The notification shall be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this chapter.

(E)(D)The department shall conduct within twenty-four hours after the child is taken into emergency physical custody a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether reasonable means exist for avoiding removal of the child from the home of the parent or guardian or for placement of the child with a relative and means for minimizing the emotional impact on the child of separation from the child's home and family. During this time the department, if possible, shall convene, a meeting with the child's parents or guardian, extended family, and other relevant persons to discuss the family's problems that led to intervention and possible corrective actions, including placement of the child.

(E) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corrective action, the department shall secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. As soon as possible, the department shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The department must not agree to or acquiesce in a placement if the affidavit or these records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department.

(F) If the department determines after the preliminary investigation that there is probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in imminent and substantial danger, the department may assume legal custody of the child without the consent of the child's parent, guardian, or custodian. The department shall make every reasonable effort to notify the child's parent, guardian, or custodian of the location of the child and temporary arrangements for visitation unless there are compelling reasons why visitation or notice of the location of the child would be contrary to the best interests of the child. The notification must be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this article. Nothing in this subsection authorizes the department to physically remove a child from the care of the child's parent or guardian without an order of the court. The department may exercise the authority to assume legal custody only after a law enforcement officer has taken emergency physical custody of the child and the department has conducted a preliminary investigation pursuant to this section.

(G) If the department concludes after the preliminary investigation that the child should be returned to the child's parent, guardian, or custodian, the department shall consult with the law enforcement officer who took emergency physical custody of the child. If the officer objects to the return of the child, the department must assume legal custody of the child until a probable cause hearing can be held.

(E)(H) The departmentlocal child protective services agency, upon the notificationassuming legal custody of the child or upon notice from law enforcement that a child has been taken into emergency protective custody, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The departmentagencythen shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736 on or before the next working day in the appropriate family courtafter initiating the investigation concerning a child taken into emergency protective custody. If a noncustodial parent is not named as a party, the agencydepartment shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the agencydepartment before the pretrialprobable cause hearing that the basis of the report of abuse or neglect is unfoundedthere is not a preponderance of evidence that child abuse or neglect occurred, the agencydepartment may place temporary physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the agencydepartment retaining legal custody pending the pretrialprobable cause hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the agencydepartment shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative.

(I) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency physical custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to subsection (J) must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.

(J) The family court shall schedule a pretrialprobable cause hearing to be held within ten daysseventy-two hours of the initiation of the proceedingstime the child was taken into emergency protective custody or within seventy-two hours of the time the child was taken into emergency physical custody if legal custody subsequently was assumed by the department, unlessIf the tenththird day falls upon a Saturday, Sunday, or holiday, then the pretrialprobable cause hearing must be held no later than the next working day. If there is no term of court in the county when the pretrialprobable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrialprobable cause hearing mustmay be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by videoconference at the discretion of the judge. At the pretrialprobable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of emergency action taken or initiated in behalf of the childdetermine whether there was and remains probable cause for the law enforcement officer to take emergency physical custody and for the department to assume legal custody of the child. If emergency protective custody of the child was taken, the family court shall determine whether there was probable cause for the law enforcement officer to take emergency protective custody of the child. At the pretrialprobable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the agency'sdepartment's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within fortythirty-five days of the date of receipt of the removal petition.

(K) An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child of whom the department has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:

(1) the services made available to the family before the department assumed legal custody of the child and how they related to the needs of the family;

(2) the efforts of the department to provide services to the family before assuming legal custody of the child;

(3) why the efforts to provide services did not eliminate the need for the department to assume legal custody;

(4) whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;

(5) what efforts were made to place the child with a relative known to the child or in another familiar environment;

(6) whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.

An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child taken into emergency protective custody also shall contain the findings required in this subsection unless the court finds that the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home. If the court finds that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable.

(L) If the court orders the child to remain in the legal custody of the department at the probable cause hearing, the family court may order expedited placement of the child with a relative of the first or second degree. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for twenty-four hours to receive the reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this subsection precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the relative's home before placement or the licensing or approval of the relative's home before placement.

(F)(M) The family court may order ex parte that a child be taken into emergency protectivephysical custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:

(1) The family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and

(2) Parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.

(G)(N) If the court issues such an order itthe court shall schedule a pretrial hearing, pursuant to the provisions of Section 20-7-736 and pursuant to the requirements of subsection (D)(C), within ten daysseventy-two hours after the child was placed intaken into emergency physical custody.

(O) The department and local law enforcement agencies shall develop written protocols to address issues related to emergency physical custody and emergency protective custody. The protocols shall cover at a minimum information exchange between the department and local law enforcement agencies, consultation on decisions to assume legal custody, and the transfer of responsibility over the child, including mechanisms and assurances for the department to arrange expeditious placement of the child."

SECTION 6. The 1976 Code is amended by adding:

"Section 20-7-612. A law enforcement officer investigating a case of suspected child abuse or neglect or responding to a request for assistance by the department as it investigates a case of suspected child abuse or neglect has authority to take emergency physical custody or emergency protective custody of the child pursuant to Section 20-7-610 in all counties and municipalities.

Immediately upon taking emergency physical custody or emergency protective custody, the law enforcement officer shall notify the local office of the department responsible to the county in which the activity under investigation occurred.

The department shall designate by policy and procedure the local department office responsible for procedures required by Section 20-7-610 when a child resides in a county other than the one in which the activity under investigation occurred. The probable cause hearing required by Section 20-7-610 may be held in the county of the child's residence or the county of the law enforcement officer's jurisdiction.

Section 20-7-616. Upon request of the department, an agency having custody of state or local law enforcement records or county sex offender registers shall provide the department with access to records or a summary of records concerning an adult residing in the home of a child who is the subject of a report of suspected child abuse or neglect or in a home in which it is proposed that the child be placed.

Section 20-7-618. (A) A physician or hospital to which a child has been brought for treatment may detain the child in emergency physical custody for up to twenty-four hours without the consent of the person responsible for the child's welfare if the physician or hospital:

(1) has reason to believe that the child has been abused or neglected;

(2) has made a report to a law enforcement agency and the department pursuant to Section 20-7-510, stating the time the physician notified the agency or department that the child was being detained until a law enforcement officer could arrive to determine whether the officer should take emergency physical custody of the child pursuant to Section 20-7-610; and

(3) has reason to believe that release of the child to the child's parent, guardian, custodian, or caretaker presents an imminent danger to the child's life, health, or physical safety. A hospital must designate a qualified person or persons within the hospital who shall have sole authority to detain a child on behalf of the hospital.

(B) A physician or hospital that detains a child in good faith as provided in this section is immune from civil or criminal liability for detaining the child."

SECTION 7. Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 95 of 1995, is further amended to read:

"Subarticle 7
Intervention By Child Welfare Agencies

Section 20-7-635. (A) The department is authorized to develop a network of homes and facilities to use for temporary crisis placements for children.

(B) Temporary crisis placements may be made with licensed child welfare agencies including foster homes and residential group facilities. The department also may use volunteers who are screened by the department for the sole purpose of these placements. The screening of volunteer crisis homes shall include Central Registry of Child Abuse and Neglect and criminal history records checks in accordance with Section 20-7-1642. The department shall develop criteria for screening volunteer crisis homes through promulgation of regulations in accordance with the Administrative Procedures Act.

(C) Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours.

Section 20-7-640. (A) The Department of Social Services may maintain a toll-free number available to persons throughout the State for the referral of family-related problems, including:

(1) The reporting of known or suspected cases of child abuse or neglect.

(2) Other problems of a nature which may affect the stability of family life.

SuchThis telephone service shall operate continuously:. Upon receipt of a call involving suspected abuse or neglect, the Department of Social Services shall transmit the full contents of the report to the appropriate local child protective service agencycounty department office. Immediately upon transmitting the report the department of Social Services shall destroy the contents of the suspected report. Upon receipt of a call involving other problems, of a nature which may affect the stability of family life, the department of Social Services shall refer the call to the appropriate local child protective service agencycounty department office or other service agency where appropriate.

(B) The department of Social Services shall have within it a separate organizational unit administered within the department with qualified staff and resources sufficient to fulfill the purposes and functions assigned to it by this article.

(C) TheState Department of Social Servicesdepartment's responsibilities shall include, but are not be limited to:

(3) coordinating referrals of known or suspected child abuse and neglect;

(4) measuring the effectiveness of existing child protection programs and facilitating research, planning, and program development; and

(5) establishing and monitoring a statewide Central Registry for Child Abuse and Neglect as hereinafter provided.

(D) The County Department of Social Services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall beis the legal place of venue;provided, that in conjunction with the powers enumerated in this section, each County Board of Social Services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the County Department of Social Services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner.

(E) The State department of Social Services may adopt all necessary rules andpromulgate regulations and formulate policies and methods of administration to carry out effectively child protective services, activities, and responsibilities.

(F) The department may contract for the delivery of protective services, family preservation services, foster care services, family reunification services, adoptions services, and other related services or programs. The department shall remain responsible for the quality of the services or programs and shall ensure that each contract contains provisions requiring the provider to deliver services in accordance with departmental policies and state and federal law.

Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the child protective service agencydepartment in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.

(B) The local child protective service agenciesdepartment must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.

(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the agencydepartment must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-fivesixty days from the receipt of the report. In conducting the investigation, if the facts so warrant the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the child subject of the report. The family court shall issue the inspection warrant upon probable cause to believe the child is abused or neglected, as defined by this article.A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall make a finding within forty-five days after the investigation is reopened.

(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.

(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day care facilities, at the child's home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.

(D)(F) Indicated findings must be based upon a finding of the facts available to the agencydepartment that abuse or neglect is more likely than not to have occurredsupported by a preponderance of evidence. Whenever the facts available to the agency indicate a lesser finding, determinations must be deemed 'unfounded'. Indicated findings must include a description of the services being provided the child and those responsible for histhe child's welfare, as well asand all relevant dispositional information.

(G) All reports that are not indicated must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.

(1) Category I unfounded reports are those in which abuse and neglect was ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.

(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.

(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.

(E)(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agencydepartment files in one of four categories: Suspected, Unfounded, Indicated or Affirmative Determination. If the report is categorized as Unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the agencydepartment. On or before the expiration of that time, they shallreports must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.

(1) Indicated reports must be maintained by the agencyon the central and local registries only when accompanied by supplemental informationa description of services being provided as required under subsection (D)(F).

(2) Unfounded reports must be classified 'Unfounded by reason of insufficient evidence.'

(3) If no finding has been made by the agency after sixty days from the date a report was received, it must be classified 'Unfounded for want of an investigation.'

(4)(2) Affirmative determinations may be maintained by the agencydepartment only when accompanied by a description of services being provided the child and those responsible for his welfare, as well as alland relevant dispositional information.

(F)(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in agencydepartment files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; provided, however, that all information in any suchthe report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that suchthe report is unfounded and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances. However, except that:

(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.

(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.

If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date of the report. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.

(G)(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of 'affirmative determination'. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined byin Section 20-7-690(E)20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency'sdepartment's files. This provision does not prohibit the agencydepartment from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report as defined by Section 20-7-690(E) or providing child protective services to the child who is the subject of the indicated report and those responsible for histhe child's welfare.

(H)(K) A family court order resulting from proceedings initiated by the agencydepartment pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.

(I)(L) The local child protective service agencydepartment is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over suchthese children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(J)(M) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (EH), the outcome of any further proceedings must be entered immediately by the agencydepartment into the Central Registry of Child Abuse and Neglect.

(K)(N)After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation.The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1) the names of the investigators;

(2) the allegations being investigated;

(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;

(4) the right to inspect department records concerning the investigation;

(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;

(6) how information provided by the parent or guardian may be used.

(7) the possible outcomes of the investigation;

(8) the telephone number and name of a department employee available to answer questions.

(L)(O) The agencydepartment shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agencydepartment. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agencydepartment shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency'sdepartment's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agencydepartment of the finding. When the intake report is of alleged sexual abuse, the agencydepartment must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse.

(M)(P) The agencydepartment actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

(N)(Q) The local child protective service agencyoffice of the department responsible forsituated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agencyoffice is the responsibility of the agency or institution with custody of the mother.

(O)(R) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter.

Section 20-7-652. (A) Upon receipt of a report that a parent or other person responsible for the welfare of a child has denied that child adequate health care, the department shall investigate pursuant to Section 20-7-650. Upon a determination by a preponderance of evidence that adequate health care was withheld for religious reasons or other reasons reflecting an exercise of judgment by the parent or guardian as to the best interest of the child, the department may enter a finding that the child is in need of medical care and that the parent or other person responsible does not consent to medical care for religious reasons or other reasons reflecting an exercise of judgment as to the best interests of the child. The department may not enter a finding by a preponderance of evidence that the parent or other person responsible for the child has abused or neglected the child because of the withholding of medical treatment for religious reasons or for other reasons reflecting an exercise of judgment as to the best interests of the child. However, the department may petition the family court for an order finding that medical care is necessary to prevent death or permanent harm to the child. Upon a determination that a preponderance of evidence shows that the child might die or suffer permanent harm, the court may issue its order authorizing medical treatment without the consent of the parent or other person responsible for the welfare of the child. The department may move for emergency relief pursuant to family court rules when necessary for the health of the child.

(B) Proceedings brought under this section must be considered child abuse and neglect proceedings only for purposes of appointment of representation pursuant to Section 20-7-110.

(C) This section does not authorize intervention if the exercise of judgment by the parent or guardian as to the best interest of the child is supported by a physician licensed in South Carolina or another state.

Section 20-7-655. (A) The Department of Social Services shall provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing shallmust be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision.

(B) The state director shall appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the local child protective services agencydepartment in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.

(C) When the department determines that an appeal hearing is needed pursuant to Section 20-7-690(J), it shall provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations.

(D)If the case decision indicates child abuse or neglect, the local child protective services agencyIf the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before the family court for disposition, the department must provide notice of the case decision to the subject of the report by certified mail. This notice must include the information required by Section 20-7-690(D). The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the local child protective services agencydepartment of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal shall be consideredis waived by the subject and the case decision shall becomebecomes the affirmative determination.

(D)(E) Within fourteen days after receipt of a notice of intent to appeal, an interim review of case documentation and the case determination shallmust be conducted by an appropriate official of the department designated by the director of the local child protective services agency. The localinterim review shallmay not delay the scheduling of the appeals hearing. If the local review supports the case determination, appeals must be considered by the child protective services appeals committee.

(E)(F) The child protective services appeals committee shall determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report more likely than not abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated.

(F)(G) Proceedings for judicial review may be instituted by filing a petition in the family court within thirty days after the final decision of the agencydepartment. Copies of the petition must be served upon the agencydepartment and all parties of record. Judicial review must be conducted by the family court in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by a preponderance of evidence the subject of the report more likely than not abused or neglected the child. The appellant is not entitled to a trial de novo in the family court.

(G)(H) Upon a determination by the localinterim review, the appeals committee, or the court that more likely than not the subject of the report did not commit child abuse or neglectthere is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency'sdepartment's files and from the Central Registry of Child Abuse and Neglect. This provisionsubsection does not prohibit the agencydepartment or the registry from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for histhe child's welfare without identifying a subject of the report, norand it does itnot prohibit the agencydepartment from providing child protective services to the child who is the subject of an indicated report and those responsible for histhe child's welfare.

(H)(I) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services shall be substituted for the local child protective services agencymust receivefor purposes of all notices and the case documentation review.

(I) For the purpose of this section, 'the subject of the report' means any person who is alleged or determined to have abused or neglected the child who is mentioned by name in a report of finding.

Section 20-7-660. (A) The Department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, inform all persons required to report under this article of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department of Social Services and local agencies shall also, on a continuing basis, shall conduct training programs for local agency staffsdepartment staff andas well as appropriate training for persons required to report under this article.

(B) The department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, shall inform the public of the nature, problem, and extent of the child abuse and neglect and of the remedial and therapeutic services available to children and their families. The department of Social Services and the local agencies shall also encourage families to seek help consistent with Section 20-7-500.

(C) The department of Social Services Protective Services and the local child protective services agencies shall, on a continuing basis, shall actively publicize the appropriate telephone numbers to receive reports of suspected child abuse and neglect, including the twenty-four hour, statewide, toll-free telephone service and respective numbers of the local child protective services agenciescounty department offices.

Section 20-7-670. (A) The Department of Social Services Child Protective Services is empoweredauthorized to receive and investigate reports of institutional abuse and neglect and shall promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessaryin residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

The Department of Social Services shall take whatever steps it considers necessary to inform potential reporters of institutional abuse and neglect of its responsibilities under this section.

(B) Subject to the provisions of subsection (A), the State Law Enforcement Division is empowered to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution operated by the Department of Social Services and may promulgate regulations consistent with this authority to investigate the reports and take remedial action, if necessary.The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.

(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.

(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to investigate these reports and take remedial action, if necessary.

(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.

(C)(F) Notwithstanding the provisions of subsection (A) noror any other provision of this article, the Department of Social Services may not investigate anyan allegation of abuse or neglect of a child where the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health;. These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.

Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State.

(B) The State Department of Social Services shall maintain a Central Registry of Child Abuse and Neglect within the Department of Social Servicesdepartment's child protective services unit. The registry shall receive and maintain reports of child abuse and neglect from local child protective service agencies, and it shall release information to persons and agencies only as authorized by Section 20-7-690this article. Reports of child abuse and neglect must be maintained on the registry in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in Section 20-7-650(G). All initial reports shallmust be deemed suspected. Reports of suspected child abuse and neglect must be maintained on the registry for no more than sixty days after the report was received by the agencydepartment. On or before the expiration of that timethe sixty days, theya report must be converted into either unfounded or indicated reports, pursuant to the agency'sdepartment's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.

(1) Indicated reports and affirmative determinations may be maintained on the Central Registry of Child Abuse and Neglect only when accompanied by a description of the services being provided the child and those responsible for histhe child's welfare, as well asand all relevant disposition information.

(2) Unfounded reports must be classified 'Unfounded by reason of insufficient evidence'.

(3) If no finding has been made by the agency after sixty days from the date a report was received, the report must be classified 'Unfounded for want of an investigation'.

(C) Local child protective service agencies shall transmit immediately any data required by the Department of Social Services for purposes of statistical analysis and data gathering, subject to the limitations imposed on identifying characteristics contained in subsections (F) and (G) of Section 20-7-650.

(D)(C) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from suchthis harm, and any other data deemedconsidered instructive.

(E)(D) The names, addresses, birth dates, identifying characteristics, and other information of persons named in unfounded reports maintained on the registry must be destroyed immediately upon a determination that suchthe report is unfounded. However, information concerning persons named in Category II or III unfounded reports may be retained in other records of the department as provided for in Section 20-7-650(I).

(F)(E) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports must be converted immediately to the category of affirmative determination. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in affirmative determinations of child abuse or neglect must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who isthere is not a preponderance of evidence that the subject of a report as defined byin Section 20-7-690(E)20-7-490did not commitcommitted child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the registry. This provisionsubsection does not prohibit the registry from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for histhe child's welfare without identifying a subject of the report as defined byin Section 20-7-690(E)20-7-490, norand it does it not prohibit the agencydepartment from providing child protective services to the child who is the subject of an indicated report and those responsible for histhe child's welfare.

Section 20-7-690. (A) All reports made and information collected pursuant to this article maintained by the State Department of Social Services, local child protective service agencies, and the Central Registry of Child Abuse and Neglect are confidential. A person who disseminates or permits the dissemination of these records and the information contained in these records except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both.Any person who disseminates or permits the unauthorized dissemination of the information is guilty of a misdemeanor and upon conviction must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

(B) All reports made and information collected as described in subsection (A) must be made available to the ombudsman of the office of the Governor and to any person appointed as a child's guardian ad litem and the child's attorney pursuant to Section 20-7-110.

(C) Information contained in reports described in subsection (A) must not be made available to any individual or institution except:

(1) Appropriate staff of the State Department of Social Services, local child protective services agencies, any person or agency having legal responsibility or authorization to care for, treat, or supervise the child or the child's family, multidisciplinary evaluation teams impaneled by the agencies, and law enforcement agencies investigating suspected cases of abuse and neglect;

(2) Any person who is the subject of a report or that person's attorney, subject to the qualifications provided in subsection (D);

(4) any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner of the State Department of Social Services;

(5) county medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and

(6) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes and duties pursuant to Article 26, Chapter 7, Title 20.

(7) The Division for Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination.

(D) Any person who is the subject of a report made pursuant to this article must be immediately notified of the fact that his name has been recorded by the State Department of Social Services, the local child protective services agency and, if applicable, the Central Registry of Child Abuse and Neglect. He must also be informed of the findings of the investigation and whether or not his name has been destroyed in accordance with this article. Any person who is the subject of a report must be informed of his right to inspect the report and any substantiating data or evidence and his right to challenge any part of its contents. The only details of the report which must be withheld from the subject's knowledge or inspection are the name, occupation and all other identifying characteristics of the reporter.

(E) For the purpose of this section, 'any person who is the subject of a report' means any person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

(F) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655.The department is authorized to grant access to the records of indicated cases to the following persons, agencies, or entities:

(1) the ombudsman of the office of the Governor or the Governor's designee;

(2) a person appointed as the child's guardian ad litem, the attorney for the child's guardian ad litem, or the child's attorney;

(3) appropriate staff of the department;

(4) a law enforcement agency investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;

(5) a person who is named in a report or investigation pursuant to this article as having abused or neglected a child, that person's attorney, and that person's guardian ad litem;

(6) a child ten years of age or older who is the subject of a report, except in regard to information that the department may determine to be detrimental to the emotional well-being of the child;

(7) the parents or guardians of a child who is the subject of a report;

(8) county medical examiners or coroners who are investigating the death of a child;

(9) the State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes or duties pursuant to Article 26, Chapter 7, Title 20;

(10) family courts conducting proceedings pursuant to this article;

(11) the parties to a court proceeding in which information in the records is legally relevant and necessary for the determination of an issue before the court, if before the disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of the disclosure, and has limited disclosure to legally relevant information under a protective order;

(12) a grand jury by subpoena upon its determination that access to the record is necessary in the conduct of its official business;

(13) authorities in other states conducting child abuse and neglect proceedings or child custody proceedings;

(14) courts in other states conducting child abuse and neglect investigations or providing child welfare services;

(15) the director or chief executive officer of a child day care facility, child placing agency, or child caring facility when the records concern the investigation of an incident of child abuse or neglect that allegedly was perpetrated by an employee or volunteer of the facility or agency against a child served by the facility or agency;

(16) a person or agency with authorization to care for, diagnose, supervise, or treat the child, the child's family, or the person alleged to have abused or neglected the child;

(17) any person engaged in bona fide research with the written permission of the state director or the director's designee, subject to limitations the state director may impose;

(18) multidisciplinary teams impaneled by the department or impaneled pursuant to statute;

(19) circuit solicitors and their agents investigating or prosecuting known or suspected abuse or neglect of a child or any other crime against a child, attempting to locate a missing child, investigating or prosecuting the death of a child, or investigating or prosecuting any other crime established in or associated with activities authorized under this article;

(20) prospective adoptive or foster parents before placement;

(21) the Division for the Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination.

(22) employees of the Division for the Review of the Foster Care of Children, Office of the Governor and members of local boards when carrying out their duties pursuant to Subarticle 4, Article 13; the department and the division shall limit by written agreement or regulation, or both, the documents and information to be furnished to the local boards.

(C) The department may limit the information disclosed to individuals and entities named in subsection (B)(14), (15), (16), (17), (18), and (20) to that information necessary to accomplish the purposes for which it is requested or for which it is being disclosed. Nothing in this subsection gives to these entities or persons the right to review or copy the complete case record.

(D) When a request for access to the record comes from an individual identified in subsection (A)(5), (6), or (7) or that person's attorney, the department shall review any reports from medical care providers and mental health care providers to determine whether the report contains information that does not pertain to the case decision, to the treatment needs of the family as a whole, or to the care of the child. If the department determines that these conditions exist, before releasing the document, the department shall provide a written notice identifying the report to the requesting party and to the person whose treatment or assessment was the subject of the report. The notice may be mailed to the parties involved or to their attorneys or it may be delivered in person. The notice shall state that the department will release the report after ten days from the date notice was mailed to all parties and that any party objecting to release may apply to the court of competent jurisdiction for relief. When a medical or mental health provider or agency furnishes copies of reports or records to the department and designates in writing that those reports or records are not to be further disclosed, the department must not disclose those documents to persons identified in subsection (A)(5), (6), or (7) or that person's attorney. The department shall identify to the requesting party the records or reports withheld pursuant to this subsection and shall advise the requesting party that he may contact the medical or mental health provider or agency about release of the records or reports.

(E) A disclosure pursuant to this section shall protect the identity of the person who reported the suspected child abuse or neglect. The department also may protect the identity of any other person identified in the record if the department finds that disclosure of the information would be likely to endanger the life or safety of the person. Nothing in this subsection prohibits the department from subpoenaing the reporter or other persons to court for the purpose of testimony if the department determines the individual's testimony is necessary to protect the child; the fact that the reporter made the report must not be disclosed.

(F) The department is authorized to summarize the outcome of an investigation to the person who reported the suspected child abuse or neglect if the person requests the information at the time the report is made. The department has the discretion to limit the information disclosed to the reporter based on whether the reporter has an ongoing professional or other relationship with the child or the family.

(G) The state director of the department or the director's designee may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department's activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered 'placed in the public domain' when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.

(H) The state director or the director's designee is authorized to prepare and release reports of the results of the department's investigations into the deaths of children in its custody or receiving child welfare services at the time of death.

(I) Nothing in this section may be construed to waive the confidential nature of the case record, to waive any statutory or common law privileges attaching to the department's internal reports or to information in case records, to create a right to access under the Freedom of Information Act, or to require the department to search records or generate reports for purposes of the Freedom of Information Act.

(J) The department is authorized to disclose whether an individual is named in its records as a perpetrator when screening of an individual's background is required by statute or regulation for employment or licensing purposes or is requested in writing by the person being screened. In cases decided after January 1, 1993, the department may disclose perpetrator status for licensing and employment purposes only if an affirmative determination has been made. A perpetrator determination made before January 1, 1993, may be disclosed for licensing or employment purposes if the department's records show that the determination was confirmed by a finding in family court, that the determination was confirmed by an administrative fair hearing, or that the subject of the report waived the opportunity for a family court determination or waived administrative review. Upon request of a person identified in the record as a perpetrator, the department may review records of cases indicated before January 1, 1993, and may decide whether confirmation or waiver occurred, whether the department should redesignate the person's status, or whether the department should provide a hearing pursuant to Section 20-7-655. Nothing in this section prevents the department from using other information in department records when making licensing or employment decisions.

(K) The department is authorized to maintain in its child day care regulatory records information about investigations of suspected child abuse or neglect occurring in child day care facilities.

(1) The department must enter child abuse or neglect investigation information in its regulatory record from the beginning of the investigation and must add updated information as it becomes available. Information in the regulatory records must include at least the date of the report, the nature of the alleged abuse or neglect, the outcome of the investigation, any corrective action required, and the outcome of the corrective action plan.

(2) The department's regulatory records must not contain the identity of the reporter or of the victim child.

(3) The identity of the perpetrator must not appear in the record unless the family court has confirmed the department's determination or a criminal prosecution has resulted in conviction of the perpetrator.

(4) Nothing in this subsection may be construed to limit the department's authority to use information from investigations of suspected child abuse or neglect occurring in child day care facilities to pursue an action to enjoin operation of a facility as provided in Article 13, Subarticle 11.

(5) Record retention provisions applicable to the department's child protective services case records are not applicable to information contained in regulatory records concerning investigations of suspected child abuse or neglect occurring in child day care facilities.

(L) All reports made available to persons pursuant to this section must indicate whether or not an appeal is pending on the report pursuant to Section 20-7-655.

Section 20-7-695. (A) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, records concerning unfounded reports must be retained and disclosed as provided in this section.

(B) The alleged perpetrator in an unfounded report who has reason to believe that the report was made maliciously or in bad faith has the right to request in writing that records of the report be retained by the department for up to two years from the date of the case decision. The written request must be received by the department within thirty days of the person's receiving notice of the case decision. A person exercising this right may request a copy of the record of the unfounded case and the department shall provide a copy of the record, subject to subsection (C).

(C) The department shall disclose to persons exercising the rights afforded them under this section whether the report was made anonymously. However, the identity of a reporter must not be made available to the person except by order of the family court.

(D) An alleged perpetrator in an unfounded case who believes the report was made maliciously or in bad faith may petition the family court to determine whether there is probable cause to believe that the reporter acted maliciously or in bad faith. The court shall determine probable cause based on an in camera review of the case record and oral or written argument, or both. If the court finds probable cause, the identity of the reporter must be disclosed to the moving party.

(E) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, a court conducting civil or criminal proceedings resulting from disclosures authorized by this section may order the department to release the record to any party to the case or the law enforcement."

SECTION 8. Section 20-7-736 of the 1976 Code, as last amended by Act 333 of 1994, is further amended to read:

"Section 20-7-736. (A) The family court shall havehas exclusive jurisdiction over all proceedings held pursuant to this article.

(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the agencydepartment, the local child protective services agencydepartment may petition the family court in its jurisdiction to remove the child from custody of the parent,or guardian, or other person legally responsible for the child's welfare ifwhen the agencydepartment determines by a preponderance of evidence thathas probable cause to believe removal is necessary to protect the child's health or welfarechild is an abused or neglected child and that the child cannot be protected from unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being without removal. If a noncustodial parent is not named as a party in the removal petition, the agency shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearinghearings scheduled pursuant to this section.

(C) The petition shall contain a full description of the reasons why the child cannot be protected adequately in the custody of the parent or guardian, including facts supporting the department's allegation that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed, a description of the condition of the child, any previous efforts to work with the parent or guardian, in-home treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards placement of the child in an alternative setting. The petition shall also shall contain a statement of the harms the child is likely to suffer as a result of removal and a description of the steps that will be taken to minimize the harm to the child that may result upon removal.

(D) Upon receipt of a removal petition under this section, the Family Court shall schedule a hearing to be held within forty days of the date of receipt to determine whether removal is necessary.

The Family Court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney under Section 20-7-110. The Family Court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of court for a continuance of not less than forty-eight hours.Whether or not the petition for removal includes a petition for termination of parental rights, the petition shall contain a notice informing the parents of the potential effect of the hearing on their parental rights and a notice to all interested parties that objections to the sufficiency of a placement plan, if ordered, or of any recommendations for provisions in the plan or court order must be raised at the hearing. The notice must be printed in boldface print or in all upper case letters and set off in a box.

If the petition includes a petition for termination of parental rights, the notice shall state: 'As a result of this hearing, you could lose your rights as a parent.'

If the petition does not include a petition for termination of parental rights, the notice shall state: 'At this hearing the court may order a treatment plan. If you fail to comply with the plan, you could lose your rights as a parent.'

(E) Upon receipt of a removal petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the date of receipt to determine whether removal is necessary. The parties to the petition must be served with a summons and notices of right to counsel and the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.

(E)(F) A child shallmust not be removed from the custody of the parent or guardian unless the court finds that:

(1) The child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without being removed.

(2) The child has been endangered as otherwise defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without being removed.

(3) There is an alternative placement available but in no case shall the placement be a facility for detention of criminal or juvenile offenders.the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed.

(G) It is presumed that a newborn child is an abused or neglected child as defined in Section 20-7-490 and that the child cannot be protected from further harm without being removed from the custody of the mother upon proof that:

(1) a blood or urine test of the child at birth or a blood or urine test of the mother at birth shows the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant, or

(2) the child has a medical diagnosis of fetal alcohol syndrome; and

(3) a blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant, or

(4) another child of the mother has the medical diagnosis of fetal alcohol syndrome.

This presumption may be rebutted by proof that the father or another adult who will assume the role of parent is available and suitable to provide care for the child in the home of the mother. The father or the other adult must be made a party to the action and subject to the court's order establishing the conditions for maintaining the child in the mother's home. This statutory presumption does not preclude the court from ordering removal of a child upon other proof of alcohol or drug abuse or addiction by the parent or person responsible for the child who has harmed the child or threatened the child with harm.

(F)(H) The petition for removal may include a petition for termination of parental rights under the jurisdiction conferred on the family court by the Family Court Act.

(I) If the court removes custody of the child, the court's order shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:

(1) the services made available to the family before the removal of the child and how they related to the needs of the family;

(2) the efforts of the agency to provide these services to the family before removal;

(3) why the efforts to provide services did not eliminate the need for removal; and

(4) whether the efforts to eliminate the need for removal were reasonable including, but not limited to, whether they were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances. If the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable."

SECTION 9. Section 20-7-738 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"Section 20-7-738. (A) Upon a determination that a child has been abused, neglected, or endangered as defined in Section 20-7-490, or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction for authority to intervene and provide protective services without removal of the child. This petition must be filed in those instances where the family indicates a refusal to cooperate and the agency has probable cause to believe protective services are necessary to protect the child's health or welfare.Upon investigation of a report under Section 20-7-650 or at any time during the delivery of services by the department, the department may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.

(B) The petition shall contain a full description of the basis for the agency'sdepartment's belief that the child cannot be protected adequately without agencydepartment intervention, including a description of the condition of the child, any previous efforts by the agencydepartment to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards intervention and protective services.

(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within fortythirty-five days of the filing date of receipt to determine whether intervention is necessary.

The court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney pursuant to Section 20-7-110. The court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of the court for a continuance of not less than forty-eight hours.The parties to the petition must be served with a summons and notices of right to counsel and of the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.

(D) Intervention and protective services must not be ordered unless the court finds:

(1) (a) the child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without intervention; or

(b) the child has been endangered as defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without intervention; and

(2) the child can be adequately protected through the provision of protective services without removal of custody.

Intervention and protective services must not be ordered unless the court finds that the allegations of the petition are supported by a preponderance of the evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and the child cannot be protected from further harm without intervention."

SECTION 10. Section 20-7-762 of the 1976 Code, as last amended by Part II, Act 164 of 1993, is further amended to read:

"Section 20-7-762. (A) At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.

(B) The plan must be prepared by the child protective services agencydepartment and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agencydepartment shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.

(C) Unless services are to terminate earlier, the agencydepartment shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention existsexist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:

(1) what services have been offered to or provided to the parents;

(2) whether the parents are satisfied with the delivery of services;

(3) whether the agencydepartment is satisfied with the cooperation given to itthe department by the parents;

(4) whether additional services should be ordered and when termination of supervision by the agency can be expected.additional treatment goals established; and

(5) the date when treatment goals must be achieved and court jurisdiction ends.

The court order shall specify a date upon whichCourt jurisdiction shallwill terminate automatically, which must be no later than eighteen months after the initial intervention., unless,Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services."

SECTION 11. Section 20-7-764 of the 1976 Code, as last amended by Act 333 of 1994, is further amended to read:

"Section 20-7-764. At the close of a removal hearing pursuant to Section 20-7-736 and upon a finding that the child must be removed from the custody of the parent or guardian to the custody of a public or private agency, the Family Court shall review that agency's proposal and approve a plan for the placement of the child.

The agency shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what action the agency will take to maintain ties between the parent and child. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. The plan shall:

(1) Specify what obstacles exist to the return of the child, what services the parents will receive, and what actions they must take in order to enable them to resume custody;

(2) Provide for the greatest degree of contact between parent and child possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. However, the court may limit visitation or other forms of contact which would be seriously detrimental to the child;

(3) Provide the child's placement as close to home as possible, unless the court finds that placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with the child's relatives, including a noncustodial parent;

(4) Provide for all reasonable services which are appropriate and available within the agency or within the community. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order.

(A) If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within ten days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party. The plan must be a written document prepared by the department. To the extent possible, the plan must be prepared with the participation of the parents or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan.

(B) The placement plan shall include, but is not limited to:

(1) the specific reasons for removal of the child from the custody of the parent or guardian, and the changes that must be made before the child may be returned, including:

(a) the nature of the harm or threatened harm that necessitated removal, a description of the problems or conditions in the home that caused the harm or threatened harm, and the reason why the child could not be protected without removal.

(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that necessitated removal, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished. The objectives stated in this part of the plan must relate to problems and circumstances serious enough to justify removal. The plan must be oriented to correcting these problems and circumstances in the shortest possible time in order to expedite the child's return to the home.

(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(2) Other conditions in the home that warrant state intervention, but would not alone have been sufficient to warrant removal, and the changes that must be made in order to terminate intervention, including:

(a) the nature of the harm or threatened harm that justifies state intervention and a description of the problems or conditions of the home that caused the harm or threatened harm.

(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that caused the harm or threatened harm, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished.

(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(3) The social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives.

(4) The financial responsibilities and obligations, if any, of the parents or guardian for the support of the child during the placement.

(5) The visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the placement. The plan shall provide for as much contact as is reasonably possible and consistent with the best interests of the child between the child and the child's parents, guardian, siblings, and other appropriate relatives with whom the child has a close relationship including visitation and participation of the parents or guardian in the care of the child while the child is in placement.

(6) The nature and location of the placement for the child unless disclosure of the location of the placement would be contrary to the best interest of the child. The placement must be as close to the child's home as is reasonably possible, unless placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and has a constructive and caring relationship with the child.

(7) The social and other supportive services to be provided to the child and the foster parents including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family.

(8) If the parents or guardian were not involved in the development of the plan, the nature of the agency's efforts to secure parental participation.

(9) Notice to the parents or guardians that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in Subarticle 3, Article 11.

(C) The placement plan clearly shall state the conditions necessary to bring about return of the child and the reasonable efforts that will be made by the department to reunite the child with the child's family. 'Reasonable efforts' include location of the placement and visitation arrangements as well as services to the parents or guardian and the child.

(D) The court shall approve the plan only if it finds that:

(1) the plan is consistent with the court's order placing the child in the custody of the department;

(2) the plan is consistent with the requirements for the content of a placement plan set forth in subsection (B);

(3) if the parents or guardian of the child did not participate in the development of the plan, that the department made reasonable efforts to secure their participation; and

(4) the plan is meaningful and designed to address facts and circumstances upon which the court based the order of removal.

If the court determines that any of these criteria are not satisfied, the court shall require that necessary amendments to the plan be submitted to the court within a specified time but no later than seven days. A hearing on the amended plan must be held if requested by a party.

(E) The court shall include in its order and shall advise defendants on the record that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in Subarticle 3, Article 11.

(F) The department immediately shall give a copy of the plan to the parents or guardian of the child, and any other parties identified by the court including the child if the court considers it appropriate. If a copy of the plan is not given to the child, the department shall provide the child with age-appropriate information concerning the substance of the plan unless the court finds that disclosure of any part of the plan to the child would be inconsistent with the child's best interests. A copy of any part of the plan that directly pertains to the foster family or the foster child must be provided to the foster parents.

(G) The plan may be amended at any time if all parties agree regarding the revisions, and the revisions are approved by the court. The amended plan must be submitted to the court with a written explanation for the proposed change. The plan also may be amended by the court upon motion of a party after a hearing based on evidence demonstrating the need for the amendment. A copy of the amended plan immediately must be given to the parties specified in subsection (F). Any additions to the elements set forth in subsections (B)(1)(b) and (c) must relate to problems or conditions that are serious enough to justify removal of the child from the home based on the criteria in Section 20-7-736(F).

(H) Any objections to the sufficiency of a plan or the process by which a plan was developed must be made at the hearing on the plan. Failure to request a hearing or to enter an objection at the hearing constitutes a waiver of the objection. The sufficiency of the plan or of the process for developing the plan may not be raised as an issue in a proceeding for termination of parental rights under Subarticle 3, Article 11."

SECTION 12. The 1976 Code is amended by adding:

"Section 20-7-765. (A) When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the treatment plan ordered pursuant to Section 20-7-764:

(1) The parent successfully must complete a treatment program operated by the Department of Alcohol and Other Drug Abuse Services or another treatment program approved by the department before return of the child to the home;

(2) Any other adult person living in the home who has been determined by the court to be addicted to or abusing controlled substances or alcohol and whose conduct has contributed to the parent's addiction or abuse of controlled substances or alcohol successfully must complete a treatment program approved by the department before return of the child to the home; and

(3) The parent or other adult, or both, identified in item (2) must submit to random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court before return of the child. The parent or other adult identified in item (2) must continue random testing for substance abuse and must be alcohol or drug free for a period of time to be determined by the court after return of the child before the case will be authorized closed.

(B) Results of tests ordered pursuant to this section must be submitted to department and are admissible only in family court proceedings brought by the department."

SECTION 13. Section 20-7-766 of the 1976 Code is amended to read:

"Section 20-7-766. The status of a child removed from his home pursuant to Section 20-7-736 must be reviewed by the Family Court upon a petition brought by the protective services agency within twelve months following the child's initial removal and every twelve months thereafter. The petition must be filed with the court and served upon all parties at least seven days prior to the review hearing.

The court may also schedule a review hearing upon its own motion or upon the motion of any party in interest, at any time prior to the twelve months. A party in interest includes but is not limited to the child, the child's legal counsel and guardian ad litem, the natural parent, the individual or agency with legal custody of the child, the foster parent, or the local advisory board for review of foster care.

When the review is initiated by the protective services agency, the agency shall attach a supplemental report to the petition which contains at least the following information:

(1) A listing of the services that have been offered to the parents and the child and an assessment of the progress that has been made in the treatment plan;

(2) A determination as to whether the child's current placement is appropriate;

(3) A listing of what obstacles remain which prevent the return of the child home and what services are recommended to remove those obstacles;

(4) The recommended disposition and a suggested timetable for attaining permanency;

(5) Any reports of the local advisory board for review of foster care which pertain to the child.

The supplemental report, reports from the agency to the local advisory board for review of foster care, and reports compiled for internal agency reviews may be made on the same form. The agency may request a review based upon the pleadings by submitting to the court affidavits from the natural parents, the child's legal counsel and guardian ad litem, the individual or agency with legal custody of the child if different from the petitioning agency, the foster parents, and the local advisory board for review of foster care showing that all are in agreement as to the recommended disposition. Upon conducting a review, the court may issue an order consistent with the pleadings and affidavits or may order all parties to appear for a full hearing.

The court may order the return of the child to his home unless it finds by a preponderance of the evidence that the return would threaten the child with harm as defined in Section 20-7-490(D). If the child is returned home, the court may order agency supervision for a period not to exceed twelve months, at which time there must be a court hearing on the need for continued intervention pursuant to Section 20-7-762. If agency supervision is not ordered, the court's jurisdiction shall end.

Where the child is not returned home, the court shall establish on the record:

(1) What services have been provided to or offered to the parents to facilitate reunion;

(2) Whether the parents are satisfied with the services offered;

(3) The extent to which the parents have visited or supported the child, and any reasons why visitation or support has not occurred or has been infrequent;

(4) Whether the agency is satisfied with the cooperation given it by the parents;

(5) Whether additional services are needed to enable the child to return to the parents, and if so, the court may order the agency to provide additional services;

(6) Whether return of the child can be expected, and if so, when;

(7) Whether the child is to remain in foster care for a specified time;

(8) Whether proceedings should be initiated for permanent guardianship, termination of parental rights, or adoption; or

(9) Whether the child should remain in foster care on a long-term basis, and if so, the special circumstances that justify long-term placement.

The court's jurisdiction shall end when an order of adoption or guardianship has been granted.

(A) The family court must review the status of a child placed in foster care upon pleadings filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section.

(B) The department shall attach a supplemental report to the pleadings which contain at least:

(1) that information necessary to support findings required in subsection (F);

(2) the recommended permanent plan and suggested time table for attaining permanence; and

(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.

(C) If the court determines at the permanency planning hearing that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the return of the child would cause an unreasonable risk of harm, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.

(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order, unless the department demonstrates to the court that initiating termination of parental rights is clearly not in the child's best interest because one or more of the conditions specified under subsection (E) exists requiring a different disposition.

(E) If the department demonstrates under subsection (D) that termination of parental rights is clearly not in the child's best interest, and if the court determines that the:

(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative. The court may order a specified period of supervision and services not to exceed twelve months;

(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under ten years of age, the special needs or circumstances must be shown by clear and convincing evidence;

(3) best interests of the child would be served and that the child may be returned to the parents within a specified, reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C), the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan;

(4) child has attained the age of sixteen and is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or

(5) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care.

(F) If the child is not returned to the parent, in addition to the findings required under subsection (D) or (E), the court shall specify in its order:

(i) what services have been provided to or offered to the parents to facilitate reunification;

(ii) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;

(iii) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;

(iv) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order.

(v) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;

(vi) whether the child's foster care is to continue for a specified time and, if so, how long;

(vii) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;

(viii) whether the child's current placement is appropriate; and

(ix) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.

(G) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.

If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.

If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.

If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (F).

After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.

If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.

If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.

If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (E)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (E)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

(H) All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, supplemental report, and notice of the hearing must be served upon all named parties at least forty days before the hearing.

(I) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested."

SECTION 14. Subarticle 3, Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 476 of 1992, is further amended to read:

"Subarticle 3
Termination of Parental Rights

Section 20-7-1560. The purpose of this subarticle is to establish procedures for the reasonable and compassionate termination of parental rights where children are abused, neglected, or abandoned in order to protect the health and welfare of suchthese children and make them eligible for adoption by persons who will provide a suitable home environment and the love and care necessary for a happy, healthful, and productive life.

Section 20-7-1562. The family court has exclusive jurisdiction over all proceedings held pursuant to this subarticle. For purposes of this subarticle jurisdiction may continue until the child becomes eighteen years of age, unless emancipated earlier.

Section 20-7-1564. A petition seeking termination of parental rights may be filed by the child protective services agencyDepartment of Social Services or any interested party.

Section 20-7-1566. A petition for the termination of parental rights must set forth the:

(1) the basis of the court's jurisdiction;

(2) the name, sex, date, and place of birth of the child, if known;

(3) the name and address of the petitioner and the petitioner's relationship to the child;

(4) the names, dates of birth, and addresses of the parents, if known;

(5) the names and addresses of anya:

(i) legal guardian of the child; or

(ii) person or agency having legal custody of the child; and

(6) the grounds on which termination of parental rights are sought and the underlying factual circumstances.

Section 20-7-1568. A summons and petition for termination of parental rights must be filed with the court and served on the parties below:

(1) the child;

(2) the parents of the child; and

(3) anyan agency with placement or custody of the child.

Section 20-7-1570. (A) If the parent is not represented by counsel, the judge shall make a determination on a case by case basis whether counsel is required. If the parent is indigent and counsel is not appointed, the judge shall enter on the record the reasons counsel was not required.

(B)AnyA child subject to any judicial proceeding under this subarticle must be appointed a guardian ad litem by the family court. If the guardian ad litem finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointedThe judge shall determine on a case by case basis whether counsel is required for the guardian ad litem.

Section 20-7-1572. The family court may order the termination of parental rights upon a finding of one or more of the following grounds and a finding that termination is in the best interest of the child:

(1) The child or another child in the home has been harmed as defined in Section 20-7-490(C), and because of the severity or repetition of the abuse or neglect, it is not reasonably likely that the home can be made safe within twelve months. In determining the likelihood that the home can be made safe, the parent's previous abuse or neglect of the child or another child in the home may be considered; or

(2) The child has been removed from the parent pursuant to Section 20-7-736, has been out of the home for a period of six months, and despite a reasonable and meaningful effort by the agency to offer appropriate rehabilitative services, the parent has not remedied the conditions which caused the removal; or

(3) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to visit the child. The court may attach little or no weight to incidental visitations, but it must be shown that the parent was not prevented from visiting by the party having custody or by court order. The distance of the child's placement from the parent's home must be taken into consideration when determining the ability to visit; or

(4) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child's care. A material contribution consists of either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means. The court may consider all relevant circumstances in determining whether or not the parent has wilfully failed to support the child, including requests for support by the custodian and the ability of the parent to provide support; or

(5) The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by termination of the parental rights of the presumptive legal father; or

(6) The parent has a diagnosable condition unlikely to change within a reasonable time such asincluding, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program.

Section 20-7-1574. (A) If the court finds that a ground for termination, as describedprovided for in Section 20-7-1572, exists,itthe court may issue an order forever terminating parental rights to the child. Where the petitioner is an authorized agency, the court shall place the child in the custody of the petitioner or other child-placing agency for adoption and shall require the submission of a plan for permanent placement of the child within ninety days after the close of the proceedings to the court and to the child's guardian ad litem. Within an additional ninety days thereafter the agency shall submit a report to the court and to the guardian ad litem on the implementation of the plan. The court, on its own motion, may schedule a hearing to review the progress of the implementation of the plan.

(B) If the court finds that no ground for termination exists and the child is in the custody of the Department of Social Services, the order denying termination must specify a new permanent plan for the child or order a hearing on a new permanent plan.

(C) If the court determines that an additional permanency hearing is not needed, the court may order:

(1) the child returned to the child's parent if the parent has counterclaimed for custody and the court determines that the return of the child to the parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being. The court may order a specified period of supervision and services not to exceed twelve months.

(2) a disposition provided for in Section 20-7-766(E) if the court determines that the child should not be returned to a parent.

(D) If the court determines that an additional permanency hearing is required, the court's order shall schedule a permanency hearing to be held within fifteen days of the date the order is filed. The court's order must be sufficient to continue jurisdiction over the parties without any need for filing or service of pleadings by the department.

The permanency hearing must be held before the termination of parental rights trial judge if reasonably possible.

At the hearing, the department shall present a proposed disposition and permanent plan in accordance with Section 20-7-766. No supplemental report may be required. The hearing and any order issuing from the hearing shall conform to Section 20-7-766.

If the court approves retention of the child in foster care pursuant to Section 20-7-766(E)(iii), any new plan for services and placement of the child must conform to the requirements of Section 20-7-764. Section 20-7-764 requires the plan to address conditions that necessitated removal of the child, but the plan approved pursuant to this subsection shall address conditions that necessitate retention of the child in foster care.

Section 20-7-1576. (A) An order terminating the relationship between parent and child under this subarticle divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. A right of inheritance is terminated only by a final order of adoption.

(B) The relationship between a parent and child may be terminated with respect to one parent without affecting the relationship between the child and the other parent.

Section 20-7-1578. This subarticle must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent-child relationship. The interests of the child shall prevail if the child's interest and the parental rights conflict.

Section 20-7-1580. All papers and records pertaining to a termination of parental rights are confidential and all court records must be sealed and opened only upon order of the judge for good cause shown.

Section 20-7-1582. The provisions of this subarticle do not, except as specifically provided, modify or supersede the general adoption laws of this State."

SECTION 15. The 1976 Code is amended by adding:

"Section 20-7-2377. The Foster Care Review Board may participate in judicial reviews pursuant to Sections 20-7-736, 20-7-766, and 20-7-1562 but shall file a motion to intervene if it intends to become a party to the action."

SECTION 16. Section 20-7-2379 of the 1976 Code, as last amended by Part II, Act 497 of 1994, is further amended to read:

"Section 20-7-2379. There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, appointmentsAppointments must be made by the Governor in the manner as prescribed above for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board. The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376(A) and (B). These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately-owned facilities or group homes.

The Governor may employ a division director to serve at histhe Governor's pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. The provisions of thisThis subarticle may not be construed to provide for subpoena authority."

SECTION 17. Section 20-7-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 20-7-50. It is unlawful for a person who has the legal custody of a child or helpless person, without lawful excuse, to refuse or neglect to provide the proper care and attention, as defined in Section 20-7-490, for the child or helpless person, so that the life, health, or comfort of the child or helpless person is endangered or is likely to be endangered.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

(A) It is unlawful for a person who has charge or custody of a child, who is the parent or guardian of a child, or who is responsible for the care and support of a child to:

(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety,

(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or

(3) wilfully abandon the child.

(B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."

SECTION 18. Section 20-7-70 of the 1976 Code is amended to read:

"Section 20-7-70. Whoever tortures, torments, cruelly ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon anya child or causes the same to be done, whether suchthe person beis the parent or guardian or havehas charge or custody of suchthe child, shall, for every such offense, beis guilty of a misdemeanor and, upon conviction,be punished by imprisonment in jailmust be imprisoned not exceedingmore than thirty days or by finefined not exceeding onemore than two hundred dollars, at the discretion of the magistrate. All the provisions of Chapter 1 of Title 47 in reference to the prevention of cruelty to animals shall be extended to the enforcement of this section."

SECTION 19. Subarticle 4, Article 3, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Subarticle 4
South Carolina Guardian Ad Litem Program

Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor.

Section 20-7-122. The responsibilities and duties of thea guardian ad litem are to:

(1) to represent the best interests of the child;

(2) to advocate for the welfare and rights of a child involved in an abuse or neglect proceeding;

(3) to conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs;

(4) to maintain accurate, written case records;

(5) to provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case;

(6) to monitor compliance with the orders of the family court and to make the motions necessary to enforce the orders of the court or seek judicial review;

(7) to protect and promote the best interests of the child until formally relieved of the responsibility by the family court.

Section 20-7-123. No person may be appointed as a guardian ad litem for a child in an abuse or neglect proceeding who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.

Section 20-7-124. (A) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.

(B) The guardian ad litem is authorized to:

(1) conduct an independent assessment of the facts;

(2) confer with and observe the child involved;

(3) interview persons involved in the case;

(4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed;

(5) make recommendations to the court concerning the child's welfare;

(6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child.

(C) The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.

Section 20-7-125. All reports made and information collected as described in Section 20-7-690(A) must be made available to the guardian ad litem by the State Department of Social Services. Upon proof of appointment as guardian ad litem and upon histhe guardian ad litem's request, access to information must be made available to himthe guardian ad litem's by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.

Section 20-7-126. (A) All reports and information collected pursuant to this subarticle maintained by the Guardian ad Litem Program are confidential except as provided for in Section 20-7-690(C). AnyA person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 20-7-1350.

(B) The name, address, and other identifying characteristics of anya person named in a report determined to be judicially unfounded must be destroyed one year from the date of the determination. The name, address, and other identifying characteristics of any person named in a report determined to be judicially indicated must be destroyed seven years from the date that the guardian ad litem formally is relieved of his responsibility as guardian ad litem by the family court.

(C) The Director of the Guardian ad Litem Program or the director's designee may disclose to the media information contained in child protective services records if disclosure is limited to discussion of the program's activities in handling the case. The program may incorporate into its discussion of the handling of the case any information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered 'placed in the public domain' when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding.

Section 20-7-127. After participating in the training program of the Guardian ad Litem Program, anya person who is appointed to serve as guardian ad litem and serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the person in the discharge of the responsibilities of a guardian ad litem if hethe person acts in good faith and is not guilty of gross negligence.

Section 20-7-129. The General Assembly shall provide the funds necessary to carry out the provisions of Sections 20-7-121 through 20-7-12820-7-127 and 20-7-690(B)(5)and 20-7-690(C)(5)."

SECTION 20. (A) If a provision of this act or the application of a provision of this act to a person or circumstance is held invalid, or if a provision of this act is found to be in conflict with federal statutes or regulations, that invalidity or conflict does not affect the other provisions of this act and to this end the provisions are severable.

(B) It is the intent of this section that no federal funding may be jeopardized by any provision of this act. If a provision should be determined to place this funding at risk, that provision must be:

(1) construed and applied in such a way as to conform to federal requirements; or

(2) is invalid and provisions of law in effect before the passage of this act apply.

SECTION 21. Sections 20-7-60, 20-7-80, and 20-7-128 of the 1976 Code are repealed.

SECTION 22. This act takes effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. COTTY explained the amendment.

Rep. COTTY spoke in favor of the amendment and moved to adjourn debate upon the Bill until Tuesday, April 2, which was adopted.

H. 4445--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22512SD.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 6 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, April 2, which was adopted.

Rep. SHEHEEN moved that the House do now adjourn.

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

Rep. GAMBLE explained the Bill.

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Rep. CARNELL explained the Bill.

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Rep. CARNELL explained the Bill.

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Rep. LANFORD explained the Bill.

H. 4518--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that the first paragraph of Section 11, Article X of the Constitution of this State be amended to read:

"The credit of neither the State nor of any of its political subdivisions shall be pledged or loaned for the benefit of any individual, company, association, corporation, or any religious or other private education institution except as permitted by Section 3, Article XI of this Constitution. Neither the State nor any of its political subdivisions shall become a joint owner of or stockholder in any company, association, or corporation. The General Assembly may, however, authorize the South Carolina Public Service Authority to become a joint owner with privately owned electric utilities, including electric cooperatives, of electric generation or transmission facilities, or both, and to enter into and carry out agreements with respect to such jointly owned facilities."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must the first paragraph of Section 11, Article X of the Constitution of this State be amended so as to remove the prohibition on the State and its political subdivisions from becoming joint owners of or stockholders in a company, association, or corporation and to conform the other language of the paragraph to this revision?

Yes _
No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. LANFORD explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 4774--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

S. 1148--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

Rep. LANFORD explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

H. 4822--RECALLED FROM THE COMMITTEEON WAYS AND MEANS

On motion of Rep. ROBINSON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.

H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND TAXATION TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION JOINT ENDEAVOR, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.

On motion of Rep. J. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Rep. MARCHBANKS moved that the House do now adjourn, which was adopted.

MOTION NOTED

Rep. EASTERDAY moved to reconsider the vote whereby Amendment No. 2 was adopted on H. 3812 and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

H. 4816 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION COMMENDING MR. RICHARD LINTON HUGGINS, SR., OF BARNWELL COUNTY FOR HIS MANY YEARS OF SERVICE TO THE FIELD OF PUBLIC EDUCATION ON THE OCCASION OF HIS RETIREMENT AS SUPERINTENDENT OF BARNWELL COUNTY SCHOOL DISTRICT NUMBER 19 AND TO WISH HIM AND HIS FAMILY WELL IN ALL THEIR FUTURE ENDEAVORS.

H. 4817 -- Reps. Stuart, Knotts, Wright, Spearman, Riser and Gamble: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON THE SCHOOL'S VOCATIONAL EDUCATION PROGRAM BEING NAMED THE BEST IN THE SOUTHEAST BY THE UNITED STATES DEPARTMENT OF EDUCATION.

H. 4820 -- Reps. Tucker, P. Harris, Townsend, Stille, Chamblee and Cooper: A CONCURRENT RESOLUTION COMMENDING AND THANKING LILY-ROLAND HALL OF ANDERSON FOR HER OUTSTANDING AND EXEMPLARY SERVICE TO THE PEOPLE OF SOUTH CAROLINA AS A MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.

H. 4832 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE JOEL A. SMITH III, OF COLUMBIA, PRESIDENT OF NATIONSBANK, N.A. (CAROLINAS), UPON BEING NAMED 1996 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of Saleen Saleeby, former Mayor of Dillon, to meet at 10:00 A.M. tomorrow.